Humphries, Ex Parte Joshia

• Court: Court of Criminal Appeals of Texas
• Decided: October 26, 2005
• Docket: AP-75,278
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,278 EX PARTE JOSHIA HUMPHRIES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 04-03271-CRF IN THE 361^st JUDICIAL DISTRICT COURT

BRAZOS COUNTY

Per curiam.

O P I N I O N

This is a post-conviction application for a writ of habeas corpus filed pursuant to tex. code crim. proc. art. 11.07. Applicant was convicted of escape and punishment was assessed at eight years imprisonment. No appeal was taken from this conviction.

Applicant contends that he was denied his right to a meaningful appeal when his counsel, after being requested to do so, failed to timely file notice of appeal. The trial court has entered findings of fact and conclusions of law, based upon an affidavit filed by counsel, in which it concludes that counsel rendered ineffective assistance on appeal, and recommends that an out-of-time appeal be granted.

Relief is granted. Applicant is entitled to an out-of-time appeal in cause number 04-03271-CRF in the 361st Judicial District Court of Brazoria County. Applicant is ordered returned to that point in time at which he may give written notice of appeal so that he may then, with the aid of counsel, obtain a meaningful appeal. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the sentence had been imposed on the date that the mandate of this Court issues. We hold that should Applicant desire to prosecute an appeal, he must take affirmative steps to see that written notice of appeal is given within thirty days after the mandate of this Court has issued.

DELIVERED: October 26, 2005

DO NOT PUBLISH